05-02-12 Forest Conservation

COUNCIL OF THE TOWN OF INDIAN HEAD

Ordinance No. 05-02-12

Introduced By: Mayor and Council

Date Introduced: June 4, 2012

Date Adopted: July 2, 2012

Date Effective: July 22, 2012

AN ORDINANCE concerning

Forest Conservation

FOR the purpose of prohibiting certain development projects from cutting or clearing
certain forests within the Town of Indian Head, Maryland unless a forest stand
delineation and a forest conservation plan are in effect.

WHEREAS, the General Assembly of Maryland has adopted the FOREST CONSERVATION
ACT OF 1991; and

WHEREAS, this act requires all political subdivisions to adopt a local forest conservation plan.

NOW, THEREFORE, BE IT ORDAINED BY THE TOWN COUNCIL OF INDIAN
HEAD, MARYLAND, THAT:

Section I Purpose and General Provisions

1.1 Purpose.

The Town Council has determined that to meet the requirements of Natural
Resources Article, §§ 5-1601-5-1612, Annotated Code of Maryland, the
provisions of this Ordinance must be enacted.

Section | | Forest and Tree Conservation Definitions

In this ordinance the following terms have the meanings indicated.

2.1 "Afforestation" means:

A. Establishment of a forest on an area from which forest cover has been absent
for a long period of time;

B. Planting of open areas which are not presently in forest cover

2.2 "Applicant" means a person who is applying for subdivision or project plan approval
or a grading or sediment control permit, or who has received approval of a forest stand
delineation or forest conservation plan.

2.3 "Approved forest management plan" means a document:

A. Approved by the Department of Natural Resources forester assigned to
Charles County; and

B. Which operates as a protective agreement for forest conservation as
described in the Natural Resources Article, § 5-1607e -

(f), Annotated Code of
Maryland.

2.4 "Caliper" means the diameter measured at 2 inches above the root collar.

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2.5 "Champion tree" means the largest tree of its species within the United States, the
State, county, or municipality;

2.6 "Commercial and industrial uses" means manufacturing operations, office
complexes, shopping centers, and other similar uses and their associated storage areas,
yarding, and parking areas, and corresponds to Town of Indian Head zoning
Classification(s) GC, TCMX.

2.7 "Commercial logging or timber harvesting operations" means the cutting and
removing of tree stems from a site for commercial purposes, leaving the root mass
intact.

2.8 "Critical habitat area" means a critical habitat for an endangered species and its
surrounding protection area.

A critical habitat area shall:

A. Be likely to contribute to the long-term survival of the species;
B. Be likely to be occupied by the species for the foreseeable future; and
C. Constitute habitat of the species which is considered critical under Natural
Resources Article, §§ 4-2A-04 and 10-2A-06, Annotated Code of Maryland.

2.9 "Critical habitat for endangered species" means a habitat occupied by an
endangered species as determined or listed under Natural Resources Article, §§ 4-2A-04
and 10-2A-04, Annotated Code of Maryland.

2.10 "Declaration of intent" means:

A. A signed and notarized statement by a landowner or the landowner's agent
certifying that the activity on the landowner's property:

(1) Is for certain activities exempted under this ordinance or Natural
Resources Article, §§ 5-103 and 5-1601-5-1612,Annotated Code of
Maryland,

(2) Does not circumvent the requirements of this ordinance or Natural
Resources Article, §§ 5-103 and 5-1601-5-1612,Annotated Code of
Maryland, and

(3) Does not conflict with the purposes of any other declaration of intent;
and

B. The document required under COMAR 08.19.01.05 or this ordinance.

2.11 "Department" means the Department charged with implementing the local forest
conservation program.

2: 12 Development Project.

A. "Development project" means the grading or construction activities occurring
on a specific tract that is 40,000 square feet or greater.

B. "Development project" includes redevelopment.

2.13 "Development project completion" means for the purposes of afforestation,
reforestation, or payment into a fund:

A. The release of the development bond, if required;

B. Acceptance of the project's streets, utilities, and public services by the Town;
or

C. Designation by the Town or State that a:

(1) Development project has been completed, or

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 (2) Particular stage of the staged development project, including a
planned unit development, has been completed.

2.14 Forest.

A. "Forest" means a biological community dominated by trees and other woody
plants covering a land area of 10,000 square feet or greater.

B. "Forest" includes:

(1) Areas that have at least 100 live trees per acre with at least 50
percent of those trees having a 2-inch or greater diameter at 4.5 feet
above the ground and larger; and

(2) Areas that have been cut but not cleared.

C. "Forest" does not include orchards.

2.15 "Forest Conservancy District Board" means the forestry board created for each
State forestry conservancy district under Natural Resources Article, §§ 5-601-5-610,
Annotated Code of Maryland.

2.16 "Forest conservation" means the retention of existing forest or the creation of new
forest at the levels set by the State or Town.

2.17 "Forest Conservation and Management Agreement" means an agreement as stated
in the Tax-Property Article, § 8-211, Annotated Code of Maryland.

2.18 "Forest Conservation Technical Manual" means the technical manual incorporated
by reference, used to establish standards of performance required in preparing forest
stand delineations and forest conservation plans.

2.19 "Forest conservation plan" means a plan approved pursuant to Natural Resources
Article, §§ 5-1606 and 5-1607 Annotated Code of Maryland.

2.20 "Forest cover" means the area of a site meeting the definition of forest.

2.21 "Forest management plan" means a plan establishing best conservation and
management practices for a landowner in assessment of the resource values of forested
property.

2 21.1 "Forest mitigation bank" means an area of land which has been intentionally
afforested or reforested for the express purpose of providing credits for reforestation
requirements.

2.21.2 "Forest mitigation bank agreement" means an agreement entered into by an
individual owning a forest mitigation bank and the Department or local government which
commits the banker to certain procedures and requirements when creating and
operating the forest mitigation bank.

2.22 "Forest mitigation bank plan" means a plan submitted for approval of forest
mitigation bank to the Department, or a local government with an approved local
program, by an individual proposing to establish a forest mitigation bank.

2.23 "Forest stand delineation" means the methodology for evaluating the existing
vegetation on a site proposed for development, as provided in the State of Maryland
Forest Conservation Technical Manual.

2.24 "Growing season" means the period of consecutive frost-free days as stated in the
current soil survey for this county published by the National Cooperative Soil Survey
Program, 16 U.S.C. § 590 (a)-(f).

2.25 "Residential areas" means areas zoned for densities greater than 1 dwelling unit
per acre, including both existing and planned development and their associated

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infrastructure, such as roads, utilities, and water and sewer service, and corresponds to
the Town of Indian head Zoning Classification(s) of R-1, R-2, RM, TCMX.

2.26 "Intermittent stream" means a stream in which surface water is absent during a part
of the year as shown on the most recent 7.5 minute topographic quadrangle published
by the United States Geologic Survey as confirmed by field verification.

2.27 "Landscaping plan" means a plan:

A. Drawn to scale, showing dimensions and details for reforesting an area at
least 35 feet wide and covering 2,500 square feet or greater in size;

B. Using native or indigenous plants when appropriate; and

C. Which is made part of an approved forest conservation plan.

2.28 "Linear project" means a project which:

A. Is elongated with nearly parallel sides;

B. Is used to transport a utility product or public service not otherwise contained
in an application for subdivision, such as electricity, gas, water, sewer,
communications, trains, and vehicles; and

C. May traverse fee simple properties through defined boundaries, or established
easement rights.

2.29 "Local agency" means each unit in the executive, legislative or judicial branch of a
county or municipal government, including an office or department of public works.

2.30 "Lot" means a unit of land, the boundaries of which have been established as a
result of a deed or previous subdivision of a larger parcel, and which will not be the
subject of further subdivision as defined by Natural Resources Article § 5-1601,
Annotated Code of Maryland and this ordinance without an approved forest stand
delineation and forest conservation plan.

2.31 "Maintenance agreement" means the short-term management agreement
associated with afforestation or reforestation plans required under Natural Resources
Article, § 5-1605, Annotated Code of Maryland and this ordinance.

2.32 "Minor development project" means a project:

A. On less than 5 acres of land containing not more than four lots per acre; or

B. Substantively similar as defined by the Town and approved by the State.

2.33 "Mixed use development" means a single, relatively high density development
project, usually commercial in nature, which includes two or more types of uses, and
corresponds to the Town of Indian Head Zoning Classification(s).

2.34 "Natural regeneration" means the natural establishment of trees and other
vegetation with at least 400 woody, free-to-grow seedlings per acre, which are capable
of reaching a height of at least 20 feet at maturity.

2.35 "Net tract area" means: .

A. Except in agriculture and resource areas the total area of a site, including both
forested and nonforested areas to the nearest 1/ 10 acre, reduced by that area
where forest clearing is restricted by another local ordinance or program;

B. In agriculture and resource areas, the part of the total tract for which land use
will be changed or will no longer be used for primarily agricultural activities,
reduced by that area where forest clearing is restricted; by another local
ordinance or program; and

C. For a linear project:
 (1) The area of right-of-way width, new access roads, and storage; or

(2) The limits of disturbance as shown on an application for sediment and
erosion control approval or in a capital improvements program project
description.

2.36 Nontildal Wetlands

A. "Nontidal wetlands" mans an area that is:

(1) Inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and under normal conditions does support,
a prevalence of vegetation soil conditions, commonly known as
hydrophytic vegetation; and

(2) Considered a nontidal wetland in accordance with the publication
known as the "Federal Manual for Identifying and Delineating
Jurisdictional Wetlands", published in 1989 and as may be amended and
interpreted by the U.S. Environmental Protection Agency.

B. "Nontidal wetlands" does not include tidal wetlands regulated under Natural
Resources Article, Title 9, Annotated Code of Maryland.

2.37 "Offsite" means outside of the limits of the area encompassed by the tract.

2.38 "Onsite" means within the limits of the area encompassed by the tract, including an
area classified as a 100-year floodplain.

2.39 "100-year flood" means a flood which has a 1 percent chance of being equaled or
exceeded in any given year. Except for Class Ill waters (natural trout streams), a body of
water with a watershed less than 400 acres is excluded.

2.40 "100-year floodplain" means an area along or adjacent to a stream or body of
water, except tidal waters, that is capable of storing or conveying floodwaters during a
100-year frequency storm event, or a 100-year flood.

2.41 "Perennial stream" means a stream containing surface water throughout an
average rainfall year, as shown on the most recent 7.5 minute topographic quadrangle
published by the United States Geologic Survey as confirmed by field verification.

2A2 "Person" means the federal government, the State, a county, municipal corporation,
or other political subdivision of the State, or any of their units, or an individual, receiver,
trustee, guardian, executor, administrator, fiduciary, or representative of any kind, or any
partnership, firm, association, public or private corporation, or any of their affiliates, or
any other entity.

2.43 "Project plan" means a construction, grading, or sediment control activity on an
area of 40,000 square feet or greater by a local agency.

2.44 "Public utility" means any:

A. Transmission line or electric generating station; or

B. Water, sewer, electric, gas, telephone, and television cable service line.

2.45 "Reforestation"

A. "Reforestation" or "reforested" means the:

(1) Creation of a biological community dominated by trees and other
woody plants containing at least 100 live trees per acre with at least 50
percent of those trees having the potential of attaining a 2-inch or greater
diameter measured at 4.5 feet above the ground, within 7 years; or
 (2) Establishment of a forest according to procedures set forth in the
Forest Conservation Technical Manual.

B. "Reforestation" or "reforested" includes landscaping of areas under an
approved landscaping plan establishing a forest at least 35 feet wide and
covering 2500 square feet or more of area.

C. "Reforestation" or "reforested" for a linear project involving overhead
transmission lines may consist of a biological community dominated by trees and
woody shrubs with no minimum height or diameter criteria.

2.46 "Regulated activity" means any of the following activities, when that activity occurs
on a unit of land which is 40,000 square feet or greater:

A. Subdivision;

B. Grading;

C. An activity that requires a sediment control permit; or

D. Project plan of a local agency.

2.47; "Retention" means the deliberate holding and protecting of existing trees, shrubs or
plants on the site according to established standards as provided in the Department of
natural Resources Forest Conservation Technical Manual.

2.48 "Sediment control permit" means the authorization of an activity regulated under a
sediment control plan as provided in the Environment Article, Title 4, Annotated Code of
Maryland.

2.49 "Seedlings" means an unbranched woody plan, less than 24 inches in height and
having a diameter of less than ½ inch measured at 2 inches above the root collar.

2.50 "Selective Clearing" means the careful and planned removal of trees, shrubs, and
plants using specific standards and protection measures under an approved forest
conservation plan.

2.51 "Stream buffer" means all lands lying within 50 feet, measured from the top of each
normal bank of a perennial or intermittent stream.

2.52 "Subdivision" means any division of a unit of land into 2 or more lots or parcels for
the purpose, whether immediate or future, of transfer of ownership, sale, lease, or
development.

2.53 Timber Harvesting.

A. "Timber harvesting" means a tree cutting operation affecting 1 or more acres
of forest or developed woodland within a 1-year interval that disturbs 5,000
square feet or more of forest floor.

B. "Timber harvesting" does not include grubbing and clearing of root mass.

2.54 "Town" shall be defined as the Town of Indian Head, Maryland.

2.55 "Tract" means property or unit of land subject to an application for a grading or
sediment control permit, subdivision approval, project plan approval, or areas subject to
this subtitle.

2.56 "Tree" means a large, branched woody plant having one or several self-supporting
stems or trunks that reach a height of at least 20 feet at maturity.

2.57 Variance.

A. "Variance" means relief from Natural Resources Article, §§ 5-1601-5-1612,
Annotated Code of Maryland or this ordinance.
 B. "Variance" does not mean a zoning variance.

2.58 "Watershed" means all land lying within an area described as a subbasin in water
quality regulations adopted by the Department of the Environment under COMAR
26.08.02.08.

2.59 "Whip" means an unbranched woody plant greater than 24 inches in height and
having a diameter of less than 1 inch measured at 2 inches above the root collar.

Section Ill Application

3.1 Except as provided in Section 3.2 of this section, this ordinance applies to:

A. A person making application for a subdivision, project plan, grading, or
sediment control approval on units of land 40,000 square feet or greater after the
effective date of this ordinance.

B. A public utility not exempt under Section 3.2 E and F of this section.

C. A unit of county or municipal government, including a public utility or public
works project, making application for a subdivision, project plan, grading, or
sediment control approval on areas 40,000 square feet or greater.

3.2 This ordinance does not apply to:

A. Highway construction activities under Natural Resources Article, § 5-103,
Annotated Code of Maryland.

B. Areas governed by the Chesapeake Bay Critical Area Protection Law, Natural
Resources Article, §§ 8-1801-8-1817,Annotated Code of Maryland.

C. Commercial logging and timber harvesting operations, including harvesting
conducted subject to the forest conservation and management program under
Tax-Property Article, § 8-211, Annotated Code of Maryland, that are completed:

(1) Before July 1, 1991; or

(2) After July 1, 1991 on property which:

(a) Has not been the subject of application for a grading permit for
development within 5 years after the logging or harvesting
operation, and

(b) is the subject of declaration of intent as provided for in Section
3.3 of this section, approved by the Town.

D. Agricultural activities not resulting in a change in land use category, including
agricultural support buildings and other related structures built using accepted
best management practices, except that a person engaging in an agricultural
activity clearing 40,000 square feet or greater of forest within a 1-year period,
may not receive an agricultural exemption, unless the person files a declaration
of intent as provided for in Section 3.3 of this section which includes:

(1) A statement that the landowner or landowner's agent will practice
agriculture on the portion of the property for 5 years from the date of the
declaration; and

(2) A sketch map of the property which shows the area to be cleared.

E. The cutting or clearing of public utility rights-of-way licensed under Public
Utility Companies §§ 7-207 and 7-208 or 7-205, Annotated Code of Maryland or
land for electric generating stations licensed under Public Utility Companies §§ 7-
207 and 7-208 or 7-205, Annotated Code of Maryland if:

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 (1) Required certificate of public convenience and necessity have been
issued in accordance with Natural Resources Article, § 5-1603(f),
Annotated Code of Maryland; and

(2) Cutting or clearing of the forest is conducted to minimize the loss of
forest.

F. Routine maintenance or emergency repairs of public utility rights-of-way
licensed under Public Utility Companies, §§ 7-207 and 7-208 or 7-205, Annotated
Code of Maryland.

G. Except for a public utility subject to Section 3.2 (F) of this section, routine
maintenance or emergency repairs of a public utility right-of-way if:

(1) The right-of-way existed before the effective date of this ordinance; or

(2) The right-of-way's initial construction was approved under this
ordinance.

H. A residential.construction activity conducted on an existing single lot of any
size or a linear project not otherwise exempted under this ordinance, if the
activity:

(1) Does.not result in the cumulative cutting, clearing, or grading of more
than 20,000 square feet of forest;

(2) Does not result in the cutting, clearing, or grading of a forest that is
subject to the requirements of a previous forest conservation plan
approved under this ordinance; and

(3) Is the subject of a declaration of intent filed with the Town, as provided
for in Section 3.3 of this section, stating that the lot will not be the subject
of a regulated activity within 5 years of the cutting, clearing, or grading of
forest;

l. Strip or deep mining of coal regulated under Environment Article, Title 15,
Subtitle 5 or 6, Annotated Code of Maryland.

J. Noncoal surface mining regulated under Environment Article, Title 15, Subtitle
8, Annotated Code of Maryland.

K. An activity required for the purpose of constructing a dwelling house intended
for the use of the owner, or a child of the owner, if the activity:

(1) Does not result in the cutting, clearing, or grading of more than 20,000
square feet of forest; and

(2) Is the subject of a declaration of intent filed with the Town, as provided
for in Section 3.3 of this section which states that transfer of ownership
may result in a loss of exemption.

L. A preliminary plan of subdivision or a grading or sediment control plan
approved before July 1, 1991;

M. A planned unit development that, by December 31, 1991, has:

(1) Met all requirements for planned unit development approval; and

(2) Obtained initial development plan approval by the Town.

N. A real estate transfer to provide a security, leasehold, or other legal or
equitable interest, including a transfer of title, of a portion of a lot or parcel, if:

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 (1) The transfer does not involve a change in land use, or new
development or redevelopment, with associated land disturbing activities;
and

(2) Both the grantor and grantee file a declaration of intent, as provided
for in Section 3.3 of this section.

3.3 Declaration of Intent.

A. The purpose of this declaration of intent is to verify that the proposed activity is
exempt under Natural Resources Article, §§ 5-103 and 5-1601-5-1612, Annotated
Code of Maryland and this ordinance.

B. A person seeking an exemption under Section 3.2 C, D, H, K and N of this
section shall file a declaration of intent with the Town.

C. The existence of a declaration of intent does not preclude:

(1) An exempted activity on the property subject to a declaration of intent,
if the activity:

(a) Does not conflict with the purpose of any existing declaration
of intent, and

(b) Complies with the applicable requirements for an exempted
activity;

(2) A regulated activity on the area covered by the declaration of intent, if
the activity occurs within 5 years of the effective date of the declaration of
intent, in which case:

(a) There shall be an immediate loss of exemption, or

(b) There may be an noncompliance action taken by the Town, as
appropriate, under this ordinance; or

(3) A regulated activity on that area of the property not covered under the
declaration of intent if the requirements of this ordinance are satisfied.

D. The Town may require a person failing to file a declaration of intent or found in
noncompliance with a declaration of intent to:

(1) Meet the retention, afforestation and reforestation requirements
established in Section III XIll of this ordinance;
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(2) Pay a noncompliance fee of $1.00 per square foot of forest cut or
cleared under the declaration of intent;

(3) Be subject to other enforcement actions appropriate under Natural
Resources Article, §§ 5-1601 5-1612, Annotated Code of Maryland and
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this ordinance; or

(4) File a declaration of intent with the Town.

E. In its determination of appropriate enforcement action, the Town may consider
whether failure to file a declaration of intent by a person required to file is a
knowing violation of this ordinance.

F. The declaration of intent is effective for 5 years.
Section IV General Requirements

4.1 A person making application after the effective date of this ordinance, for subdivision
or local agency project plan approval, a grading permit, or a sediment control permit for
an area of land of 40,000 square feet or greater shall:

A. Submit to the Town a forest stand delineation and a forest conservation plan
for the lot or parcel on which the development is located; and

B. Use methods approved by the Town, as provided in the Department of Natural
Resources Forest Conservation Technical Manual, to protect retained forests
and trees during construction.

4.2 If a local agency or person using state funds makes application to conduct a
regulated activity, the provisions of COMAR 08.19.04.01D-G apply.

Section V Forest Stand Delineation

5.1 Criteria.

A. A forest stand delineation shall be submitted at the initial stages of subdivision
or project plan approval, before a grading permit application, or before a
sediment control application is submitted for the tract being developed.

B. The delineation shall be prepared by a licensed forester, licensed landscape
architect, or a qualified professional who meets the requirements stated in
COMAR 08-19-06-01A.

C. The delineation shall be used during the preliminary review process to
determine the most suitable and practical areas for forest conservation and shall
contain the following components:

(1) A topographic map delineating intermittent and perennial streams, and
steep slopes over 25 percent;

(2) A soils map delineating soils with structural limitations, hydric soils, or
soils with a soil K value greater than 0.35 on slopes of 15 percent or
more;

(3) Forest stand maps indicating species, location, and size of trees and
showing dominant and codominant forest types;

(4) Location of 100-year floodplains;

(5) Information required by the Department of Natural Resources Forest
Conservation Technical Manual; and

(6) Other information the Town determines is necessary to implement this
ordinance.

D. If approved by the Town, a simplified delineation may be submitted for an
area:

(1) When no forest cover is disturbed during a construction activity; and

(2) Designated to be under a long term protective agreement.

(3) Other information the Town determines is necessary to implement this
ordinance.

E. The Town shall consider a simplified forest stand delineation complete if it
includes:

(1) All requirements under Section 5.1C(1) and (2) and (4) and (5) of this
section;

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 (2) A map showing existing forest cover as verified by field inspection;
and

(3) Other information required by this ordinance.

F. An approved forest stand delineation may remain in effect for a period not
longer than 5 years.

G. Time for Submittal.

(1) Within 45 calendar days after receipt of the forest stand delineation,
the Town shall notify the applicant whether the forest stand delineation is
complete and correct.

(2) If the Town fails to notify the applicant within 45 days, the delineation
shall be treated as complete and correct.

(3) The Town may require further information or provide for an additional
30 calendar days under extenuating circumstances.

Section VI Forest Conservation Plan

6.1 General Provisions.

A. In developing a forest conservation plan, the applicant shall give priority to
techniques for retaining existing forest on the site.

B. If existing forest on the site subject to a forest conservation plan cannot be
retained, the applicant shall demonstrate to the satisfaction of the Town:

(1) How techniques for forest retention have been exhausted;

(2) Why the priority forests and priority areas specified in Natural
Resources Section, § 5-1604(c)(1), Annotated Code of Maryland, cannot
be left in an undisturbed condition;

(a) If priority forests and priority areas cannot be left undisturbed,
how the sequence for afforestation or reforestation will be
following in compliance with Natural Resources Section § 5-1607,
Annotated Code of Maryland; and

(b) Where on the site in priority areas afforestation or reforestation
will occur in compliance with Natural Resources Article § 5-1607,
Annotated Code of Maryland.

(3) How the disturbance to the priority forests and priority areas specified
in Natural Resources Article, § 5-1607(c)(2), Annotated Code of Maryland,
qualifies for a variance.

C. The applicant shall demonstrate to the satisfaction of the Town that the
requirements for afforestation or reforestation onsite or offsite cannot be
reasonably accomplished if the applicant proposes to make a payment into the
local forest conservation fund instead of afforestation or reforestation.

D. Nontidal Wetlands. A regulated activity within the net tract area that occurs
wholly or partly in areas regulated as nontidal wetlands under Environment
Article, Title 9, Annotated Code of Maryland, is subject to both the nontidal
wetlands regulatory requirements and the requirements of this law, subject to the
following:

(1) Any area of forest in the net tract area, including forest in nontidal
wetlands that is retained, shall be counted towards forest conservation
requirements under this law;

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 (2) For the purpose of calculating reforestation mitigation under this
ordinance, a forested nontidal wetland permitted to be cut or cleared and
required to be mitigated under Environment Article, Title 9, Annotated
Code of Maryland, shall be shown on the forest conservation plan and .
subtracted on an acre for acre basis from the total amount of forest to be
cut or cleared as part of a regulated activity.

(3) Nontidal wetlands shall be considered to be priority areas for retention
and replacement.

(4) Forested nontidal wetland identification and delineation should be
included at the earliest stage of planning to assist the applicant in
avoidance and reduction of impacts to the nontidal wetlands and to avoid
delay in the approval process.

6.2 Preliminary Forest Conservation Plan

A. A preliminary forest conservation plan shall be prepared by a licensed
forester, a licensed landscape architect, or a qualified professional who meets
the requirements stated in COMAR 08.19.06-01A.

B. A preliminary forest conservation plan shall:

(1) Be submitted with the preliminary plan of subdivision or proposed
project plan;

(2) Include the approved forest stand delineation for the site;

(3) Include a table that lists the proposed values of the following, in
square feet:

(a) Net tract area,

(b) Area of forest conservation required, and

(c) Area of forest conservation that the applicant proposes to
provide, including both onsite and offsite areas;

(4) Include a clear graphic indication of the forest conservation provided
on the site drawn to scale, showing areas where retention of existing
forest or afforestation or reforestation is proposed;

(5) Include an explanation of how the provisions of Section 6.1 of this
ordinance have been met;

(6) In the case of afforestation or reforestation, include a proposed
afforestation or reforestation plan;

(7) Include a proposed construction timetable showing the sequence of
forest conservation procedures;

(8) Show the proposed limits of disturbance;

(9) Show proposed stockpile areas;

(10) Incorporate a proposed 3-year maintenance agreement that shows
how areas designated for afforestation or reforestation will be maintained
to ensure protection and satisfactory establishment;

(11) Information required in the Department of Natural Resources Forest
Conservation Technical Manual; and

(12) Other information the Town determines is necessary to implement
this ordinance.

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 C. The review of the preliminary forest conservation plan shall be concurrent with
the review of the preliminary site plan.

D. During the different stages of the review process, the preliminary forest
conservation plan may be modified. Provided the Town approves the changes.

6.3 The Final Forest Conservation Plan

A. A final forest conservation plan shall be prepared by a licensed forester, a
licensed landscape architect, or a qualified professional who meets the
requirements stated in COMAR 08.19.06.01A.

B. A final forest conservation plan shall:

(1) Be submitted with the following:

(a) A final subdivision plan,

(b) A final project plan,

(c) An application for a grading permit, or

(d) An application for a sediment control permit;

(2) Show proposed locations and types of protective devices to be used
during construction activities to protect trees and forests designated for
conservation;

(3) In the case of afforestation or reforestation plan, with.a timetable and
description of needed site and soil preparation, species, size, and spacing
to be used;

(4) Incorporate a binding 3-year maintenance agreement specified in
COMAR 08.19.05.01 that details how the areas designated for
afforestation or reforestation will be maintained to ensure protection and
satisfactory establishment, including:

(a) Watering, and

(b) A reinforcement planting provision if survival rates fall below
required standards, as provided in the Department of Natural
Resources Forest Conservation Technical Manual;

(5) Incorporate a long-term binding protective agreement as specified in
COMAR 08.19.05.02 that:

(a) Provides protection for areas of forest conservation, including
areas of afforestation, reforestation, and retention, and

(b) Limits uses in areas of forest designated and consistent with
forest conservation to those uses that are designated and
consistent with forest conservation, including recreational activities
and forest management practices that are used to preserve forest;

(6) include the substantive elements required under Section 6.2B(2)-(5),
(7)-(9) and (11) of this article, as finalized elements of the forest
conservation plan; and

(7) Other information the Town determines is necessary to implement this
ordinance.

C. Time for submittal.

(1) Within 45 calendar days after receipt of the final forest conservation
plan, the Town shall notify the applicant whether the forest conservation
plan is complete and approved.

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 (2) If the Town fails to notify the plan shall be treated as complete and
approved.

(3) The Town may require further information or extend the deadline for
an additional 30 calendar days under extenuating circumstances.

(4) At the request of the applicant, the Town may extend the deadline
under extenuating circumstances.

D. The Town's review of a final forest conservation plan shall be concurrent with
the review of the final subdivision or project plan, grading permit application, or
sediment control application with the project.

E. The Town may revoke an approved forest conservation plan if it finds that:

(1) A provision of the plan has been violated;

(2) Approval of the plan was obtained through fraud, misrepresentation, a
false or misleading statement, or omission of a relevant or material fact;
or

(3) Changes in the development or in the condition of the site necessitate
preparation of a new or amended plan.

F. The Town may issue a stop work order against a person who violates a
provision of this ordinance or a regulation, order, approved forest conservation
plan, or maintenance agreement.

G. Before revoking approval of a forest conservation plan, the Town shall notify
the violator in writing and provide an opportunity for a hearing.

Section Vll Afforestation and Retention

7.1 Afforestation Requirement. A person making application after the effective date of
this ordinance for subdivision or project plan approval, a grading permit, or a sediment
control permit for an area of land of 40,000 square feet or greater, shall:

A. Conduct afforestation on the lot or parcel in accordance with the following:

(1) A tract having less than 20 percent of the net tract area in forest cover
shall be afforested up to at least 20 percent of the net tract area for the
following land use categories:

(a) Residential areas with zoning R-1, R-2

(2) A tract with less than 15 percent of its net tract area in forest cover
shall be afforested up to at least 15 percent of the net tract area for the
following land.use categories:

(a) Commercial and mixed use areas;

(b) High density residential in zoning designated RM and TCMX.

B. Comply with the following when cutting into forest cover that is currently below
the afforestation percentages described in Section 7.1(A)(1) and (2) of this
ordinance:

(1) The required afforestation level shall be determined by the amount of
forest existing before cutting or clearing begins; and

(2) Forest cut or cleared below the required afforestation level shall be
reforested or afforested at a 2 to 1 ration and added to the amount of
afforestation necessary to reach the minimum required afforestation level,
as determined by the amount of forest existing before cutting or clearing
began.

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 7.2 Retention. The following trees, shrubs, plants, and specific areas are considered
priority for retention and protection and shall be left in an undisturbed condition unless
the applicant has demonstrated, to the satisfaction of the Town, that reasonable efforts
have been made to protect them and the plan cannot be reasonably altered:

A. Tree, shrubs, and plants located in sensitive areas including the 100-year
floodplain, intermittent and perennial streams and their buffers, steep slopes,
nontidal wetlands, and critical habitats;

B. Contiguous forest that connects the largest undeveloped or most vegetated
tracts of land within and adjacent to the site;

C. Trees, shrubs, or plants determined to be rare, threatened, or endangered
under:

(1) The Federal Endangered Species Act of 1973 in 16 U.S.C. §§ 1531-
1544 and in 50 CFR Part 17,

(2) The Maryland Nongame and Endangered Species Conservation Act,
Natural Resources Article, §§ 10-2A-01-10-2A-09,Annotated Code of
Maryland, and

(3) COMAR 08.03.08;

D. Trees that:

(1) Are part of a historic site,

(2) Are associated with historic structure, or

(3) Have been designated by the state or the Town as a national, State,
or county champion tree; and

E. Any tree having a diameter measured at 4.5 feet above the ground of:

(1) 30 inches or more; or

(2) 75 percent or more of the diameter, measured at 4.5 feet above the
ground, of the current State champion tree of the species as designated
by the Department of Natural Resources.

Section Vill Reforestation

8.1 Forest Conservation Threshold.

A. There is a forest conservation threshold established for all land use
categories, as provided in subsection B of this section. The forest conservation
threshold means the percentage of the net tract area at which the reforestation
requirement changes from a ratio of ¼ acre planted for each acre removed
above the threshold to a ratio of 2 acres planted for each acre removed below
the threshold.

B. After reasonable efforts to minimize the cutting or clearing of trees and other
woody plants have been exhausted in the development of a subdivision or
project plan, grading and sediment control activities, and implementation of the
forest conservation plan shall provide for reforestation, or payment into the forest
conservation fund, according to the formula set forth in Subsections B and C of
this section and consistent with Section 6.1 of this section, and the following
forest conservation thresholds for the applicable land use category:

Category of Use Threshold Percentage

(1) Residential areas 20 percent;
(2) Commercial and mixed use areas 15 percent.

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 C. Calculations
(1) For all existing forest cover measured to the nearest 1/ 10th
cleared on the net tract area above the applicable forest conservation
threshold, the area of forest removed shall be reforested at a ratio of
¼ acre planted for each acre removed.
(2) Each acre of forest retained on the net tract area above the applicable
forest conservation threshold shall be credited against the total
number of acres required to be reforested under paragraph (1) of this
subsection. The calculation of the credit shall be according to the
criteria provided in the Department of Natural Resources Forest
Conservation Technical Manual.
(3) For all existing forest cover measure to the nearest 1/ 10th aCre Cleared
on the net tract area below the applicable forest conservation
threshold, the area of forest removed shall be reforested at a ratio of 2
acres planted for each acre removed below the threshold and at a
ratio of ¼ acre planted for each acre removed above the threshold.

Section IX Priorities and Time Requirements for Afforestation and Reforestation

9.1 Sequence for Afforestation and Reforestation.

A. After techniques for retaining existing forest on the site have been exhausted,
the preferred sequence for afforestation and reforestation, as determined by the
Town is as follows:

(1) Forest creation in accordance with a forest conservation plan using
one or more of the following:

(a) Transplanted or nursery stock,

(b) Whip and seedling stock, or

(c) Natural regeneration where it can be adequately shown to
meet the objective of the State Forest Conservation Technical
Manual;

(2) In the Town of Indian Head with a tree management plan and an
existing population center designated in a county master plan that has
been adopted to conform with the Economic Growth, Resource
Protection, and Planning Act of 1992, or in any other designated area
approved by the Town of Indian Head, the use of:

(a) Street trees as permissible step in the priority sequence for
afforestation or reforestation and with a mature canopy coverage
may be granted full credit as a mitigation technique, and

(b) Acquisition of an offsite protection easement on existing
forested areas not currently protected in perpetuity as a mitigation
technique, in which case the afforestation or reforestation credit
granted may not exceed 50 percent of the area of forest cover
protected;

(3) When all other options, both onsite and offsite, have been exhausted,
landscaping as a mitigation technique conducted under an approved
landscaping plan that establishes a forest at least 35 feet wide and
covering at least 2,500 square feet of area.

B. A sequence other than the one described in Subsection A of this article may
be used for a specific project, if necessary, to achieve the objectives of the
Town's land use plan or Town's land use policies, or to take advantage of
opportunities to consolidate forest conservation efforts.

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C. The following are considered a priority for afforestation and reforestation:

(1) Those techniques that enhance existing forest and involve selective
clearing or supplemental planting onsite;

(2) Onsite afforestation or reforestation where the retention options have
been exhausted, using methods selected in accordance with Subsection
F of this section, and the location being selected in accordance with this
subsection;

(3) Offsite afforestation or reforestation in the same watershed or in
accordance with an approved master plan where the applicant has
demonstrated that no reasonable alternative onsite exists, or where:

(a) Any onsite priority areas for afforestation or reforestation have
been planted in accordance with this subsection; and

(b) The applicant has justified to the Town of Indian Head's
satisfaction that environmental benefits associated with offsite
afforestation or reforestation exceed those derived from onsite
planting.

D. In the cases cited in Subsection C of this section, the method shall be
selected in accordance with Subsection F of this section and the location shall be
selected in accordance with Subsection C of this section.

E. Offsite afforestation or reforestation may include the use of forest mitigation
banks which have been so designated in advance by the Town of Indian Head.

F. Standards for meeting afforestation or reforestation requirements shall be
established using one or more of the following methods:

(1) Establish or enhance forest buffers adjacent to intermittent and
perennial streams, and coastal bays and their buffers, to widths of at least
50 feet;

(2) Establish or increase existing forested corridors to connect existing
forests within or adjacent to the site and, where practical, forested
corridors should be a minimum of 300 feet in width to facilitate wildlife
movement;

(3) Establish or enhance forest buffers adjacent to critical habitats where
appropriate;

(4) Establish or enhance forested areas in the 100-year floodplains;

(5) Establish plantings to stabilize slopes of 25 percent or greater and
slopes of 15 percent or greater with a soil K value greater than 0.35
including the slopes of ravines or other natural depressions;

(6) Establish buffers adjacent to areas of differing land use with
appropriate, or adjacent to highways or utility rights-of-way;

(7) Establish forest areas adjacent to existing forests to increase the
overall area of contiguous forest cover, when appropriate; and

(8) Use native plant materials for afforestation or reforestation when
appropriate.

G. A person required to conduct afforestation or reforestation under this article
shall accomplish it within 1 year or two growing seasons, whichever is a grater
time period, following development project completion.

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Section X Payment Instead of Afforestation and Reforestation

10.1 Forest Conservation Fund.

A. There is established a forest conservation fund in the local program.

B. If a person subject to this ordinance demonstrates to the satisfaction of the
Town that requirements for reforestation or afforestation onsite or offsite cannot
be reasonably accomplished, the person shall contribute money, at a rate of 10
cents per square foot of the area of required planting, reforestation or
afforestation onsite or offsite cannot be reasonably accomplished, the person
shall contribute money into the Town's forest conservation fund:

(1) For a project inside a priority funding area, as defined in Natural
Resources Article, § 5-1610, Annotated Code of Maryland at a rate of 30
cents per square foot of the area of required planting until September 30,
2014, when the amount shall be adjusted for inflation as determined by
the Town annually by regulation; and

(2) For a project outside a priority funding area, at a rate of 36 cents per
square foot of the area of required planting until September 30, 2014,
when the amount shall be 20 percent higher than the rate established for
a project inside a priority funding area.

C. Money contributed instead of afforestation or reforestation under this article
shall be paid within 90 calendar days after development project completion.

D. The Town shall accomplish the reforestation or afforestation for which the
money is deposited within 2 years or 3 growing seasons, whichever is a greater
time period, after receipt of the money.

E. Money deposited in the local forest conservation fund:

(1) May be spent on the costs directly related to reforestation and
afforestation, including site identification, acquisition, preparation,
maintenance of existing forests, and achieving urban canopy goals;

(2) Shall be deposited in a separate forest conservation fund; and

(3) May not revert to the general fund.

F. Sites for afforestation or reforesting using fund money.

(1) Except as provided in Subsection G(2) of this section, the
reforestation or afforestation requirement under this article shall occur in
the Town of Indian Head and watershed in which the project is located.

(2) If the reforestation or afforestation cannot be reasonably
accomplished in the Town of Indian head and watershed in which the
project is located, then the reforestation or afforestation shall occur in the
county or watershed in the state in which the project is located.

G. If there is no local forest conservation fund established, a person may
contribute to the State fund. The Department of Natural Resources shall
determine when contribution is allowable under COMAR 08.19.02.021.

Article X-1 Payment by Credits From a Forest Mitigation Bank

10.1.1 Use of Forest Mitigation Bank

A. If a person subject to this Ordinance demonstrates to the satisfaction of the
Town of Indian Head that requirements for reforestation or afforestation onsite or
offsite cannot be reasonably accomplished, the person may contribute credits
from a forest mitigation bank. A credit is required for each tenth of an acre of an
area or required planting.

18
 B. The credits shall be debited from an approved forest mitigation bank within 90
calendar days after development project completion.

Article X-2 Establishing Forest Mitigation Banks

10.1.2 Forest Mitigation Banks

A. A person may create a forest mitigation bank from which applicants may
purchase credits to meet the afforestation and reforestation requirements of this
Ordinance.

B. The forest mitigation bank shall:

(1) Afforest or reforest an area of land in accordance with a forest
mitigation bank agreement;

(2) Be protected by an easement, deed restrictions, or covenants which
require the land in the bank to remain forested in perpetuity and are
enforceable by the Town of Indian Head and the Department of Natural
Resources;

(3) Limit the use of the land in the bank to those activities which are not
inconsistent with forest conservation such as recreational activities, forest
management under a forest conservation and management program
under Tax-Property Article, § 8-211, Annotated Code of Maryland, or
activities specified in a forest management plan prepared by a licensed
forester and approved by the Town of Indian Head.

(4) Use native plant materials for afforestation or reforestation unless
inappropriate; and

(5) Cause trees to be planted which:

(a) Establish or enhance forested buffers adjacent to intermittent
and perennial streams and coastal bays to widths of at least 50
feet;

(b) Establish or increase existing forested corridors, which, where
practical, should be a minimum of 300 feet in width to facilitate
wildlife movement, to connect existing forests within or adjacent to
the site;

(c) Establish or enhance forest buffers adjacent to critical habitats
where appropriate;

(d) Establish or enhance areas in 100-year floodplains;

(e) Stabilize slopes of 25 percent or greater;

(f) Stabilize slopes of 15 percent or greater with a soil K value
greater than 0.35 including the slopes of ravines or other natural
depressions;

(g) Establish buffers adjacent to areas of differing land use where
appropriate, or adjacent to highways or utility rights-of-way; or

(h) Establish forest areas adjacent to existing forests to increase
the overall area of contiguous forest cover, when appropriate.

C. A person proposing to create a forest mitigation bank shall submit to the Town
of Indian Head a:

19
 (1) Completed application on a form approved by the Town of Indian head
which has been signed by an authorized individual in conformance with
COMAR 08.19.04.021;

(2) Forest mitigation bank plan which contains a:

(a) Vicinity map of the proposed mitigation bank site;

(b) Simplified forest stand delineation which meets the criteria in
COMAR 08.19.04.02;

(c) Detailed afforestation or reforestation plan, which shall include
a timetable and description of the site and soil preparation
needed, species, size, and spacing to be utilized, prepared by a
licensed Maryland forester, a licensed landscape architect, or a
qualified professional who meets the requirements stated in
COMAR 08.19.06.01A; and

(d) Proposed 3-year maintenance agreement that;

(i) Sets forth how the areas afforested or reforested will be
maintained to ensure protection and satisfactory
establishment,

(ii) Complies with COMAR 08.19.04.05C(4)(a), and

(iii) Includes watering and reinforcement planting
provisions if survival falls below required standards;

(3) Copy of the deed to the property;

(4) Survey the other legally sufficient description of the bank site for
inclusion in the deeds of easement, deed restrictions, or covenants;

(5) Title report or other assurance that:

(a) The property is not encumbered by any covenants or other
types of restrictions which would impair the property's use as a
forest mitigation bank; and

(b) There is legally sufficient access to the forest mitigation bank
site which can be used by the Town of Indian head and its
assignees to inspect the forest mitigation bank; and

(6) Description of the system to be used by the person owning and
operating the forest mitigation bank to identify and keep track of which
portions of the bank have been debited to meet an applicant's offsite
afforestation or reforestation requirements.

D. The owner of an approved forest mitigation bank shall enter into an agreement
with the Town of Indian Head which contains:

(1) The approved reforestation or afforestation plan;

(2) The approved system for marking and tracking which portions of the
bank have been debited; and

(3) An acknowledgement that the bank may not debit any portion of the
afforested or reforested land until 3 years of successful growth has been
achieved unless the banker has posted a bond or alternate form of
security.

20
Section XI Recommended Tree Species

11.1 Recommended Tree Species List.

A. Tree species used for afforestation or reforestation shall be native to the
county, when appropriate, and selected frorn a list of approved species
established by the Town.

B. The town shál! adopt, by reference to the State of Maryland Forest
Conservation Manual, a list of tree species to be used for any required
affprestation or reforestatión.

SeöMowXp F& acialSecurity freÁNessation and Reforestation

12.1 Bonding.

A> A p& son required to copdùci afforestation or rëforestçtion uhder this
orc$sr umiòh.f¼ aújaîceòurRy in the form of ¼ bond, an· irrevocabb
effs o oibetseegrüy approved by the Town; The surety shall:

1) sprefh% the afforeshti.pn, reforestation, and the asspÇiated
. ma e ceѼ$ment are condýcted and mainteÁned in accordance
. th the approvsý forest conservation plan;

(2) in ao arrtyntjeçualjo the estimated cost, as deterrnined by the
Town, of af cre'staijon and reforestation; and

. (3) Be n a e n aM of a content approved by the Tówn.

o the son qui ed to.filÈa bondp eer Sehtion
o
2 1 (A) ys c iay reguest $duction of4he amou; ntpf theppnd or
. other financial security by submitting. a wrttéa request to the Town with a
jtistificatiorhwedecing he4arià crother financial secdtyjamount; : insluding
estirhated$rsotusksos,tsWensure afforestatión or reforestatión requirekents
are nïet

CÄhe kn=s%dstemtimvhether a lesser amount is sufficient to cover the
cost of EfdredatidrFor rebrectatiorttaking into account the following:

(1) The nuh½ er of: acres,

(2) hp# opose athod of afforestation or reforestation

(3) The op$t of p a$ríg m¼teriás or replacement-materials,

h bë f he Õös eÑhe MfórestatSer refarestation Wöjáct,
ahd

5) Other re event factors.

D after twegrowing séseons, the plantings associated with the afforestation or
f,
. reforestation raeetÒr exöeedihe standards of the Department of Natural
ReëåWrces:fårest Consewailön Technical Manual, the amount of the cash bond,
letter of bredi¼urety bó¶ or ptner security shall be returned or released.

A local forest one Nat orogfam rnay incorporate the financial security set
forth in Section 12M7A of this ordinance or in COMAR 08.19.05.018.

SectitMußStaMédy o% sa r$$niC¢% ëírection ActMt es

131Protecû Decçes..

A. The To a I op y reference to the Department of Natur# nesources . .

Forest Conservatiotr Mgr al standards for the proteçtion of trèes from
construct!pn áct . .

. 21
 B. Before cutting, clearing, grading, or construction begins on a site for which a
forest conservation plan is required by this ordinance the applicant shall
demonstrate to the Town that protective devices have been established.

Section XIV Variance

14.1 Procedure.

A. A person may request a variance from this ordinance or the requirements of
Natural Resources Article, §§ 5-1601-5-1612,Annotated Code of Maryland, if
the person demonstrates that enforcement would result in unwarranted hardship
to the person.

B. An application for a variance shall:

(1) Describe the special conditions peculiar to the property which would
cause the unwarranted hardship;

(2) Describe how enforcement of these rules will deprive the applicant of
rights commonly enjoyed by others in similar areas;

(3) Verify that the granting .of the variance will not confer on the applicant
a special privilege that would be denied to other applicants;

(4) Verify that the variance request is not based on conditions or
circumstances which are the result of actions by the applicant;

(5) Verify that.the request does not arise from a conditions relating to land
or building use, either permitted or nonconforming, on a neighboring
property; and

(6) Verify that the granting of a variance will not adversely affect water
quality.

C. The Town shall make findings that the applicant has met the requirements in
Subsections A and B of this ordinance before the Town may grant a variance.

D. Notice of a request for a variance shall be given to the Department of Natural
Resources within 15 days of receipt of a request for a variance.

Section XV Penalties

15.1 Enforcement.

A. Noncompliance Fees.

(1) A person found to be in noncompliance with this ordinance,
regulations adopted under this ordinance, the forest conservation plan, or
the associated 3-year maintenance agreement, shall be assessed by the
Town the penalty of $1.00 per square foot of the area found to be in
noncompliance with required forest conservation.

(2) Money collected under Subsection A(1) of this ordinance shall be
deposited in the forest conservation fund as required by Section X of this
ordinance, and may be used by the Town for purposes related to
implementing this ordinance.

B. Violation.

(1) In addition to the provisions under Subsection A of this section, a
person who violates a provision of this ordinance or a regulation or order
adopted or issued under this ordinance is liable for a penalty not to

22
 exceed $1,000, which may be recovered in a civil action brought by the
Town.

(2) Each day a violation continues is a separate violation.

C. The Town may seek an injunction requiring the person to cease violation of
this ordinance and take corrective action to restore or reforest an area.

D. The local program may adopt the enforcement provisions under COMAR
08.19.06.03.

Section XVI Annual Report

16.1 On or before March 1, of each year, the Town shall submit to the Department of
Natural Resources a report on:

A. The number, location, and type of projects subject to the provisions of this
ordinance; ..

B. The amount and location of acres cleared, conserved, and planted, including
any area located in the 100-year floodplain, in connection with a development
project;

C. The amount of reforestation and afforestation fees and noncompliance
penalties collected and expended; and

D. The costs of implementing the Forest Conservation Program.

E. Location and size of all forest mitigation banks approved during the past year
with description of the priority areas afforested or reforested by the bank;

F. Number of acres debited from each forest mitigation bank since the last
annual report; and

G. Forest mitigation banks inspected since the last annual report.

H. Number, location, and types of violations and types of enforcement activities
conducted; and

I. The size and location of all conserved and planted forest areas shall be
submitted in an electronic geographic information system or computer aided
design format if possible. If not possible, the location shall be given by Maryland
State Plane Grid Coordinates and 8 digit subwatershed.

Section XVil Biennial Review by the Department of Natural Resources

17.1 The Town of Indian Head shall.submit the necessary documentation to comply with
COMAR 08.19.02.04.

Section XVill Conflicts with Article 18, Part 11 of Town of Indian Head Zoning Ordinance

18.1 Lots smaller than the minimum lot size covered by this ordinance shall be governed
by Article 18, Part 11 of the Town of Indian Head Zoning Ordinance. Lots meeting the
criteria of this ordinance shall be governed by the provisions of this ordinance and not by
Article 18, Part II of the Town of Indian Head Zoning Ordinance.

Section XIX Effective Date and Subsequent Amendments

19.1 This ordinance is hereby enacted and becomes effective July 2, 2012. This
ordinance may be amended as required. All amendments to this ordinance' are subject
to the approval of the Department of Natural Resources.

23
INDIAN HEAD TOWN COUNCIL

E ard W. Rice, Vice M ybr

Randy L. Albright, Counciirnan

Attest:

Andrea Hood, Town clerk Date

24